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Affidavit Motion Amend Withholding In San Jose

State:
Multi-State
City:
San Jose
Control #:
US-00003BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The Affidavit Motion Amend Withholding in San Jose is a legal document designed for defendants who wish to modify alimony obligations due to changes in circumstances, specifically the cohabitation of the plaintiff. This affidavit allows the defendant to formally request the court to reconsider the alimony provisions stipulated in a Final Judgment of Divorce. Key features include sections for the affiant to provide personal information, affirm compliance with current alimony orders, and present grounds for amendment based on the plaintiff's new living arrangements. Filling instructions emphasize clarity and accuracy in the completion of personal details and attached judgments. Legal professionals including attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to facilitate the process of amending alimony conditions efficiently. Specific use cases include scenarios where the defendant has objective evidence of the plaintiff's cohabitation, thereby providing grounds for relief from alimony obligations.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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FAQ

(a) Motion and opposition (3) Any opposition must be served and filed within 15 days after the motion is filed.

Any response in opposition must be served and filed at least nine court days before the date set for hearing. Rule 3.525 amended effective January 1, 2007; adopted as rule 1525 effective January 1, 1974; previously amended effective January 1, 2005; previously amended and renumbered effective January 1, 2007.

The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it.

(a) Motion and opposition (2) A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence. (3) Any opposition to the motion must be served and filed within 15 days after the motion is filed.

A motion for summary judgment or summary adjudication in a civil action or proceeding must be served and filed at least 81 days before the hearing on the motion; An opposition to the motion must be served and filed at least 20 days before the hearing on the motion; and.

The person who brings or files the demurrer or motion can also file a reply before the hearing date, responding to what is in the opposition.

Plaintiffs may choose to amend a complaint for numerous reasons such as to include additional claims, correct facts, add additional parties to the suit, include additional requests for relief, or clear up inadequate claims. Last updated in June of 2021 by the Wex Definitions Team

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Affidavit Motion Amend Withholding In San Jose